Who is responsible for surface water run off in mobile home park?
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Who is responsible for surface water run off in mobile home park?
I live in mobile home park in clearwater fl, I own the home , rent the lot. When it rains, surface water from properties higher than me run into my property. The neighbor lower than me re directed water flow by building up and planting so all water stays in mt property. Management is aware of this and does nothing. I was not informed of this when I bought home in March of 2018. My home has sunk once and I re-leveled once already, what can I do?
Asked on July 8, 2018 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Property owners or renters may not make changes to their property which cause damage to other people's property. The uphilll property owners/renters are not liable, since it is natural that water runs downhill--they are not causing it. But the downhill owner/renter could be liable for the costs you incur in re-leveling because they have landscaped in such a way as to retain the water on your land. Whoever did the landscaping that is causing the problem (e.g. the lower neighbor) is the person who may liable to you; you could sue him or her for the damage this causes and costs you therefore incur.
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